Dominio v. Allstate Insurance Company, 2:09-cv-07348

Plaintiff owned 1185 Walnut St, Slidell, insured by Allstate Deluxe policy (106k dwelling, 5.3k debris, 74.2k personal property).
On Feb 17, 2009 a fire caused substantial damage; origin in kitchen pot of grease; Allstate could not conclusively determine cause as accidental or deliberate.
Allstate paid policy limits for dwelling and debris, and partial advances; personal property claim remained pending.
Allstate later considered arson defense and alleged plaintiff made false statements in property list and EUO.
Court previously granted partial summary judgment denying bad-faith penalties; case removed from state court to federal court.
Court ultimately finds plaintiff’s statements were false and material, leading to voiding of entire policy under La. Rev. Stat. § 22:1315; defendant prevails on all claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Arson defense burden proof	Dominio contends arson not proven by preponderance.	Allstate bears burden to prove incendiary origin and insured responsible.	Arson burden on insurer established by the court.
Misrepresentation to avoid coverage	Dominio argues misstatements were non-material or uncertain.	Misrepresentations to insurer void coverage.	Insurer may void policy for intentional misrepresentation.
Materiality of misrepresentations	Dominio claims misstatements were immaterial.	Misstatements were material because they affected payment.	Statements were material to coverage and payment.
Truthfulness of contents and EUO statements	Dominio claims items were correctly listed or not material to loss.	EUO and lists contained deliberate falsehoods.	False statements established with respect to ownership and value.
Effect on policy and relief	Dominio seeks coverage for personal property.	Policy void due to material misrepresentations.	Entire policy void; all claims denied.

Sumrall v. Providence Washington Ins. Co., 60 So. 2d 68 (La. 1952) (burden on insurer to prove incendiary origin and insured's responsibility)
Wilson v. State Farm Fire & Cas. Co., 178 F. App’x 437 (5th Cir. 2006) (insurer bears burden on intentional misrepresentation defense)
Williams v. United Fire & Cas. Co., 594 So.2d 455 (La. App. 1991) (misrepresentations void coverage only if intentional to deceive)
Bennett v. Allstate Ins. Co., 950 F.2d 1102 (5th Cir. 1992) (intentional misrepresentation required; materiality of misrepresentation)
Mamco, Inc. v. Am. Emp'rs Ins. Co., 736 F.2d 187 (5th Cir. 1984) (circumstantial evidence and materiality support intentional misrepresentation finding)